REPORT: DHS expands power to initiate deportations

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The Trump administration has expanded the government’s deportation powers, issuing guidelines urging officers at U.S. Citizenship and Immigration Services — the legal immigration agency — to begin the removal process for people who use fraudulent documents or who illegally took government benefits.

USCIS officers have always had powers to begin deportation proceedings, but in the past had usually referred cases to other parts of Homeland Security for decisions on deportation.

The article goes on to state the following:

Now, though, the agency is flexing those powers, with guidance memos telling officers to look for instances where they can begin the deportation process for people they deem illegal immigrants.

The memos, dated June 28, tell agency employees to be on the lookout for people who apply for naturalization or other legal immigration benefit but who have criminal records, used bogus documents, lied about their applications or had abused public benefit programs.

In the past those might have been enough to reject the application, but USCIS would either drop the issue at that point or refer the case to U.S. Immigration and Customs Enforcement for possible deportation. Under the new guidelines USCIS employees are now urged to begin the deportation process themselves.

Below is the entire announcement by the Trump administration, as posted on USCIS.GOV:

WASHINGTON — U.S. Citizenship and Immigration Services issued updated guidance (PDF, 139 KB) today that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security.

A Notice to Appear (NTA) is a document given to an alien that instructs them to appear before an immigration judge on a certain date. The issuance of an NTA commences removal proceedings against the alien. Under the new guidance, USCIS officers will now issue an NTA for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where an applicant is denied an immigration benefit and is unlawfully present in the United States.

“For too long, USCIS officers uncovering instances of fraudulent or criminal activity have been limited in their ability to help ensure U.S. immigration laws are faithfully executed. This updated policy equips USCIS officers with clear guidance they need and deserve to support the enforcement priorities established by the president, keep our communities safe, and protect the integrity of our immigration system from those seeking to exploit it,” said USCIS Director L. Francis Cissna.

Deferred Action for Childhood Arrivals (DACA) recipients and requestors are exempted from this updated guidance when: (1) processing an initial or renewal DACA request or DACA-related benefit request; or (2) processing a DACA recipient for possible termination of DACA. As explained in the concurrently issued DACA-specific guidance, USCIS will continue to apply the 2011 NTA guidance (PDF, 77 KB) to these cases. USCIS will also continue to follow the existing DACA information-sharing policy regarding any information provided by a DACA requestor in a DACA request or DACA-related benefit request.

USCIS, along with U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), has legal authority under current immigration laws to issue NTAs. This Policy Memorandum updates the guidelines USCIS officers use to determine when to refer a case to ICE or to issue an NTA. The revised policy generally requires USCIS to issue an NTA in the following categories of cases in which the individual is removable:

Cases where fraud or misrepresentation is substantiated, and/or where an applicant abused any program related to the receipt of public benefits. USCIS will issue an NTA even if the case is denied for reasons other than fraud.

Criminal cases where an applicant is convicted of or charged with a criminal offense, or has committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability. USCIS may refer cases involving serious criminal activity to ICE before adjudication of an immigration benefit request pending before USCIS without issuing an NTA.

Cases in which USCIS denies a Form N-400, Application for Naturalization, on good moral character grounds because of a criminal offense.

Cases in which, upon the denial of an application or petition, an applicant is unlawfully present in the United States.

The revised policy does not change the USCIS policy for issuing an NTA in the following categories:

For more information on USCIS and our programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook (/uscis), and Instagram (@USCIS).

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We’re updating our guidance with regard to issuing Notices to Appear (NTAs), which are filed with the Immigration Court to begin removal proceedings.
This guidance ensures that when we issue NTAs, it supports DHS’ overall enforcement and removal priorities.

Our officers will now issue Notices to Appear (NTAs) when a person is removable and there is evidence of fraud, criminal activity, or when someone is denied an immigration benefit and is unlawfully present in the United States. https://t.co/cGTby3Rl1L